- Decision
- dismissed, 9 September 2026
- Decided by
- Planning Inspector: B Pattison
- Authority
- Mole Valley (South East)
- Appeal reference
- 6005433
- Application reference
- MO/2025/02228
- Procedure
- written representations
- Development
- Retention of two containers used for storage purposes
- Site context
- green belt, open countryside, valued landscape, listed building setting
- Green Belt
- Yes (grey belt accepted)
- Framework applied
- August 2026 NPPF
- Determinative policies
- GB7(1)(g)(ii), GB7(1)(g)(iii), GB6(2), HE6
- Development plan policies
- Mole Valley Local Plan 2024 EN1, EN4, EN6, EN8
- Main issues
- grey belt; openness; character and AGLV; heritage setting; VSC balance
Summary
Retention of two storage containers on grey belt land at Headley. This is a non-housing grey belt case: it failed GB7(1)(g)(ii) because there was no evidenced need for this type of development, and (iii) because the location is car-dependent. As inappropriate development causing moderate openness harm, AGLV character harm and low-level harm to a Grade II setting, it was dismissed with no VSC.
Issues and findings
- Transition. Parties invited to comment on the 2026 Framework (DL ¶3).
- Grey belt: accepted by the Council (DL ¶9). (g)(i) met, (iv) not applicable (DL ¶10).
- GB7(1)(g)(ii): FAIL. "there is no substantive evidence before me to demonstrate that there is an unmet need for this type of development" (DL ¶11).
- GB7(1)(g)(iii): FAIL. "Given the absence of nearby and regular public transport services, users of the storage containers would be heavily reliant on private car journeys" (DL ¶12).
- Openness: moderate harm. Two "relatively large, boxy structures into a space where previously there was no development" (DL ¶16, ¶18). Temporary status and alleged absence of conflict with purposes given limited weight (DL ¶32).
- HE6: harm. "at the lower end of less than substantial harm" (still using the 2024 label). Storage is "a private rather than a public benefit" (DL ¶28, ¶30).
Planning balance
GB6(2) VSC: substantial weight to GB harm plus character, AGLV and heritage harm, against the limited weight of site-maintenance storage need. VSC not shown (DL ¶37).
What made the difference
Outside housing, limb (ii) needs positive evidence of unmet need for the specific type of development. Footnote 41's automatic shortfall route is housing-only. The appellant offered only its own storage wishes.
Transferable points
- For non-housing grey belt proposals, limb (ii) needs "substantive evidence … of an unmet need for this type of development"; a private requirement is not enough (DL ¶11).
- Limb (iii) is applied to non-residential uses too, judged by how users would reach the site (DL ¶12).
- A temporary permission does not avoid openness harm from structures on previously open land (DL ¶16, ¶32).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| AnnexB:grey-belt | pass | Council accepted grey belt; GB7(1)(g)(i) met and (iv) n/a (DL 9-10) | |
| GB7(1)(g)(ii) | fail | no substantive evidence of an unmet need for storage containers (DL 11) | |
| GB7(1)(g)(iii) | fail | rural, relatively isolated, no nearby regular public transport, so users heavily car-reliant (DL 12-13) | |
| GB6(2) | fail | substantial | inappropriate; moderate openness harm, spatial and visual; VSC not shown (DL 16-18, 35-37) |
| HE6 | harm | considerable | lower end of less than substantial harm to setting of Grade II Manor House (Guy Dawber); private benefit only (DL 28-30) |
| DP3 | harm | "strident, angular and utilitarian" containers in AGLV; conflict with LP EN4, EN8 (DL 20-24) |
Key facts
- Two shipping containers (two others already removed) on land beside stables, private single-track road, Metropolitan Green Belt and AGLV
- Temporary need claimed (site upkeep plus furniture for a hoped-for future dwelling)
- Grade II Manor House (1987 listing, early 20th C, Sir Guy Dawber) nearby; limited intervisibility
Related decisions
Sources
This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.